Buckling up is not just a slogan. The National Safety Counsel has established that wearing seat belts saves lives and significantly reduces the severity of injuries sustained in auto accidents. They prevent occupants from being ejected from the vehicle, working in conjunction with airbags. As such, Florida law requires all drivers and passengers to wear a seat belt. Violating Florida’s seat belt laws can result in a range of penalties. However, it could also negatively impact your right to recover compensation after a car accident. Please continue reading to learn what can happen during your auto accident case if you weren’t wearing a seat belt and how our skilled Manatee County Car Accident Lawyers can help protect your rights.
What is the Seat Belt Defense?
Failing to buckle up in accordance with Florida’s seat belt laws can result in various penalties, including fines and demerit points on your driver’s license. In the event of a collision, not wearing a seat belt can also hinder your ability to recover the full and fair compensation to which you are entitled. Florida courts allow defendants, even if they were at fault, to raise an affirmative defense that the plaintiff failed to mitigate damages by declining to use an available seat belt. The other driver may use the seat belt defense to avoid liability for your injuries and damages.
Can I Recover Compensation?
Nevertheless, the success of this affirmative defense depends on various factors, including the laws in the state, the type of injuries sustained, and whether or not those injuries would have been avoided had you been wearing a seat belt. For this defense to be applied, the defendant must demonstrate that you were negligent by failing to wear one and that this failure directly contributed to your injuries. Essentially, not wearing a seat belt can used to argue that you contributed to your injuries, and therefore, your share of the fault is greater.
It’s important to note that Florida uses a modified comparative negligence law, meaning that the court will assign a percentage of fault to each party in the accident. If you are partially to blame for your injuries, you can still recover compensation as long as you are less than 50% at fault. However, your compensation will be reduced in proportion to your degree of fault for the accident. If you are more than 50% at fault, you will face the absolute bar of recovery.
At Becker & Linadauer, LLC, we are prepared to help you seek the maximum recovery for your damages by establishing that your noncompliance was not a cause or a contributing factor to your injuries. Connect with us today to learn how we can fight for you, while you focus on healing.
